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HomeMy WebLinkAbout06/11/1998CITY OF APPLE VALLEY Dakota County, Minnesota June 11, 1998 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held June 11th, 1998, at 8:30 o’clock p.m., at Apple Valley City Hall. PRESENT: Mayor Humphrey; Cou ncilmembers Erickson, Goodwin, Grendahl, and Sterling. ABSENT: None. City staff members present were: City Administrator Gretz, City Clerk Mueller, City Attorney Sheldon, City Engineer Wrase, Fire Chief Calvin, Assistant to the Administrator Grawe, Park & Recreation Director Johnson, Community Development Director Kelley, Assistant Planner Lovelace, Human Resources Manager Margarit, Public Works Director Miranowski, and Police Chief Willow. Mayor Humphrey called the meeting to order at 8:30 p.m. The Councilmembers and everyone in attendance took part in the pledge of allegiance to the flag. APPROVAL OF AGENDA MOTION: of Sterling, seconded by Grendahl, approving the agenda for tonight’s meeting as amended. Ayes - 5 - Nays - 0. 4TH OF JULY CELEBRATION Mr. Johnson introduced Pat Schesso, Chair of the 4th of July Committee, who described activities planned for the celebration and invited everyone to attend . This year activities will begin on July 1st with a vintage car show at Rascals; on July 2nd will be a family picnic at Hayes Field; and on July 3rd will be an ice cream social and concert. The parade will start at 1:00 p.m., on July 4th, with other activities throughout the day. The evening will conclude with a fireworks display, at 10:00 p.m., at Johnny Cake Ridge Park. AUDIENCE Mayor Humphrey asked if anyone was present to address the Council, at this time, on any item not on this meeting’s agenda. No one was present to speak. CONSENT AGENDA MOTION: of Sterling, seconded by Grendahl, approvi ng all items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Sterling, seconded by Grendahl, approving the minutes of the regular meeting of May 28th, 1998, as written. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota June 11, 1998 Page 2 MOTION: of Sterling, seconded by Grendahl, proclaiming June 14, 1998, as “Flag Day” and urging all citizens to PAUSE FOR THE PLEDGE, at 6:00 p.m., and recite the Pledge of Allegiance to our Flag and Nation. Ayes - 5 - Nays - 0. Resolution No. 1998-111 MOTION: of Sterling, seconded by Grendah l, adopting proclaiming July 4, 1998, as “The 32nd Annual Apple Valley 4th of July Celebration” and encouraging citizens to support and participate in the community-wide celebration. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving a fireworks display at Johnny Cake Ridge Park, use of streets for a parade and other activities, and associated expenditures, on July 4, 1998, as listed in the Recreation Specialist’s memo dated June 11, 1998. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, receiving ALF Ambulance’s audited annual financial report for the year ended December 31, 1997. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving ALF Ambulance’s 1999 proposed budget with total revenue of $1,450,278.00 and total expenditures of $1,487,203.00. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, authorizing the expenditure of $23,912.82 to purchase a Cairns IRIS thermal imaging system for the Fire Department, as described in the Fire Chief’s memo dated June 5, 1998. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving issuance of a new 1998 cigarette sales license for Cedar Brook Market, Inc., at 12503 Germane Avenue. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, extending approval of the preliminary plat for the six-lot Galles Addition for one year, or until July 28, 1999, as recommended in the Community Development Director’s memo dated June 4, 1998. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, continuing the public hearing to consider vacation of right-of-way adjoining Lots 24 and 25 in Knottywoods, to June 25, 1998, as requested in the Community Development Director’s memo dated June 8, 1998. Ayes - 5 - Nays - 0. Resolution No. 1998-112 MOTION: of Sterling, seconded by Grendahl, adopting receiving the preliminary engineering report for Project 98-534, Stonewood 1st Addition CITY OF APPLE VALLEY Dakota County, Minnesota June 11, 1998 Page 3 Utility and Street Improvements, and setting a public hearing on it, at 8:00 p.m., on July 9, 1998. Ayes - 5 - Nays - 0. Resolution No. 1998-113 MOTION: of Sterling, seconded by Grendahl, adopting directing the City Engineer to prepare plans and specifications for Project 98-534, Stonewood 1st Addition Utility and Street Improvements. Ayes - 5 - Nays - 0. Resolution No. 1998-114 MOTION: of Sterling, seconded by Grendahl, adopting directing the City Engineer to prepare plans and specifications for Project 98-801, Cedar Isle Village Homes 2nd Addition Utility and Street Improvements. Ayes - 5 - Nays - 0. Resolution No. 1998-115 MOTION: of Sterling, seconded by Grendahl, adopting approving plans and specifications for Project 96-501, Fischer Market Place Utility and Street Improvements, and authorizing advertising for receipt of bids, at 2:00 p.m., on July 2, 1998. Ayes - 5 - Nays - 0. Resolution No. 1998-116 MOTION: of Sterling, seconded by Grendahl, adopting approving plans and specifications for Project 98-546, Regatta 2nd Addition Utility and Street Improvements, and authorizing advertising for receipt of bids, at 3:00 p.m., on July 2, 1998. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving reduction of subdivision financial guarantees for: Cedar Isle Country Homes, from $60,800 to $36,975; Hunters Wood Townhomes 3rd Addition, from $38,750 to $19,062; Hunters Wood Townhomes 5th Addition, from $47,250 to $30,300; Woodwinds 3rd Addition, from $13,965 to $9,200; Woodwinds 4th Addition, from $12,575 to $5,250; and Woodwinds 5th Addition, from $18,750 to $6,900. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving Traffic Signal Maintenance Agreement No. 98-02 with Dakota County, for signal systems on Pennock Avenue at 147th Street and 149th Street, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving Traffic Signal Design, Construction and Maintenance Agreement No. 98-01 with Dakota County, for a signal system on County Road 38 at Johnny Cake Ridge Road, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. Resolution No. 1998-117 MOTION: of Sterling, seconded by Grendahl, adopting authorizing installation of stop signs on Lower 147th Street, Upper 146th Street, and Hanover Lane at their intersections with Hallmark Drive, as described in the Public Works Project Coordinator’s memo dated June 11, 1998. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota June 11, 1998 Page 4 MOTION: of Sterling, seconded by Grendahl, approving a Contract for tree inspection services with Plant Health Associates, Inc., for 1998, as attached to the Natural Resources Coordinator’s memo dated June 4, 1998, and authorizing execution of the same. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving hiring the seasonal employees as listed in the Personnel Report and Addendum dated June 11, 1998. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA HUNSINGER COMMUNITY SERVICE AWARD Fire Chief Calvin reviewed the events occurring at the fire scene of Lampert’s Lumber, on May 11, 1998, as described in his memo dated June 5, 1998. He commended Firefighter Paul Hunsinger for taking command of the scene and looking out for the safety of the fire crews involved. Mayor Humphrey presented a certificate of Outstanding Community Service to Mr. Hunsinger and thanked him for his service to the City. WILLIAMS PIPE LINE INTERIM USE PERMIT Mr. Lovelace reviewed the request of Williams Pipe Line Company for a Comprehensive Plan amendment and rezoning, from industrial to multiple residential; and an Interim Use Permit to allow limited sand and gravel mining for two years. The proposal is for the northern 30 acres of the property located north of County Road 42 and east of future Flagstaff Avenue. No development proposal has been submitted at this time, but the Interim Use Permit would allow for excavation to lower pipelines and establish grades for future 147th Street and Flagstaff. He described concerns raised at the Planning Commission hearing and reviewed differences between this proposal and the previous proposal, for sand and gravel mining with on-site processing, that was withdrawn. Mayor Humphrey asked if concerns about the change in zoning were raised by the neighborhood at the Planning Commission hearing? Mr. Lovelace said the proposed zoning was discussed as allowing higher density townhomes or low density apartments, but specific concerns about those uses were not expressed. The Council received a letter dated June 11, 1998, from the law firm representing Fischer Market Place. The letter stated Fischer does not object to Williams proposal and has not determined an end use for property north of 147th Street, but has had inquiries to develop the property as multiple residential. CITY OF APPLE VALLEY Dakota County, Minnesota June 11, 1998 Page 5 Kirsten Rojina, Williams’ Engineer, reviewed the grading proposal, which would lower grades to match the previously graded property to the west, and differences from the previous proposal. The current proposal does not include processing on the site and material would be conveyored south, under County Road 42, for processing. A crusher would operate at certain times to reduce material to a size to be conveyored. She noted that operations would have to comply with State noise standards regardless of what type of equipment is used. Williams requests the grading and rezoning be approved at the same time and would not proceed with the rezoning if the grades are not changed. Due to difference in existing grades, some type of excavation will be needed to construct 145th Street, 147th Street and Flagstaff. Eric Lipke, of IDM Services, said his company was hired by Williams to work on relocation of the facility. If there are economic benefits to developing the north half of the property, they will consider moving the existing operation to a more rural site. Development of the north half, as multiple residential, and construction of 147th Street will limit Williams’ ability to expand industrial operations on the site. The Interim Use Permit is for a two-year period, during which there will be a lot of other construction occurring around the site, and should not be any more intrusive than that. Curt Proud, of Williams, said they have a tough performance contract with IDM Services and will be a good neighbor if allowed to proceed. The adverse effects are short term and will result in a long term benefit. The excavation operation should be no more of a nuisance than a normal road construction project. Mr. Lovelace and Mr. Kelley reviewed existing uses on property surrounding the site. Permitted uses in I-2, General Industrial, zones were reviewed as were the type of subdivision or building permit approval which might be needed to develop the site under current zoning. Councilmember Goodwin noted Williams indicated it would not proceed with housing development if the Interim Use Permit is not approved. He expressed concern about the ability of the City to control the type of development should an industrial use be proposed because that is the current zoning. Beth Gray, 14180 Flagstone Trail, presented a petition to the Council stating opposition to the mining proposal. She also read and distributed copies of a letter dated June 11, 1998, expressing neighborhood concerns. Mayor Humphrey read a letter from Stacy Nelson, 14054 Freeport Court, opposing the mining proposal. The Mayor commented on compatibility of land uses with surrounding areas. He noted both Williams’ and North Star’s properties are zoned I-2 and the Fischer Market Place area to the west is now being developed. He suggested postponing action on Williams’s proposal and having the consultant, working on the Comprehensive Plan update, hold town meetings with neighbors in the area and try to determine what uses will be best for the City overall. Councilmember Erickson said there are potential benefits to the City by allowing the excavation and if this were proposed seven years ago he might have been able to support it. The area north CITY OF APPLE VALLEY Dakota County, Minnesota June 11, 1998 Page 6 of the site has now developed this would be incompatible. He voiced displeasure with Williams statements about keeping industrial uses if the Interim Use Permit is not allowed. He also noted that a tax increment financing agreement is under consideration for Fischer Market Place and incompatible development on this site might keep development there from proceeding. Mr. Proud said Williams did not intend to convey that it would proceed with industrial development if an Interim Use Permit it not approved. However, unless they can come up with other uses, the tank farm will remain where it is. They would like to relocate at some point and would agree to tabling the proposal so issues could be examined more closely. The Council discussed concerns that should be examined in neighborhood meetings; particularly future housing versus industrial uses on the Williams site and the northern part of Fischer Market Place directly west of Williams. Ms. Gray, representing the neighborhood, said any type of additional public information would good and help in the decision process, but questioned whether it would make a difference. She also questioned the type of forum for such meetings and the time involved. Mr. Proud said they would be willing to participate in a public forum or informational meetings and asked that consideration of the request be continued until the first meeting in August. MOTION: of Goodwin, seconded by Humphrey, extending the time line for consideration of Williams Pipe Line Company’s application for an Interim Use Permit for temporary sand and gravel mining, Comprehensive Plan amendment, and rezoning until August 13, 1998; to allow public input and neighborhood meetings on future land use issues. Ayes - 3 - Nays - 2 (Erickson and Grendahl). ARMORY SITE PURCHASE OFFER Mr. Kelley reviewed his memo, dated June 8, 1998, concerning an offer from Fraser Community Services to purchase Lot 2, Block 1, Apple Valley Armory. They would like to acquire the property in two pieces. The funding mechanisms would provide for a total purchase price of $450,000. The north parcel would be purchased in 1998/99 and used for a residential facility. The south parcel would have a three-year option to purchase and be used for a private school for young children with developmental disabilities. Rick Olson, of Fraser Community Services, was present and commented on their long range plan to extend services into Dakota County. They anticipate having the immediate funding to acquire the north parcel, but could not acquire the south parcel until they raise the capital through a funding campaign. Mr. Gretz said another purchase agreement for the site was submitted today from Towle Realty. They are offering $400,000 to purchase the entire site for some type of commercial development. That proposed use would require a rezoning. CITY OF APPLE VALLEY Dakota County, Minnesota June 11, 1998 Page 7 The Council discussed the issue of splitting the site and expressed concern that the City might be left to find another use for the south parcel if Fraser does not acquire it. Mr. Sheldon said, depending on what Fraser might agree to, there may be a way of structuring the purchase agreement to involve more of a commitment to purchase the south parcel. MOTION: of Goodwin, seconded by Erickson, referring the offer of Fraser Community Services to purchase Lot 2, Block 1, Apple Valley Armory, as attached to the Community Development Director’s memo dated June 8, 1998; to the City Attorney for negotiation and preparation of a purchase agreement. Ayes - 5 - Nays - 0. REPORT ON TREE REMOVAL AND UTILITY BILL ISSUES As requested at the May 28, 1998, meeting, the Council received a report from the City Administrator, dated June 5, 1998, in response to complaints alleged by the property owner at 13684 Harmony Way. Barbara Burns, the property owner, was present and distributed a letter dated June 11, 1998, in response to the report. She noted that a copy of the report was not mailed to her until June 9, 1998. Councilmember Erickson asked Ms. Burns if she disagreed with the report? Ms. Burns indicated the opinion that she would not allow City employees on her property was not correct and she described discussions related to the tree removal issues. She said she believes she should be compensated for her expenses in defending a lawsuit brought by the City and that formal Council approval should be required for initiating lawsuits. Mr. Gretz noted the report indicates the City paid $545.76 toward the cost of tree removal on Ms. Burns property. This was beyond what was required since the State cost share program was no longer in effect; however, Ms. Burns believed she had met the requirements of the program. Ms. Burns stated she believes the City interfered with the tree removal contractor she hired and asked to have the Council act on the requests contained in her letter. Mayor Humphrey asked the City Attorney to report back to the Council, at its next meeting, as to any appropriate action. PLANNING COMMISSION APPOINTMENT Mayor Humphrey said the term of Marcia Gowling, on the Planning Commission, is vacant due to her resignation. He noted there are four applications on file as listed in the City Clerk’s memo dated June 8, 1998. He asked those applicants present to introduce themselves; they were Barry Berg, John Bergman, and Tom Melander. Pursuant to the procedure established by Resolution No. 1997-165, he called for nominations for the positions. Councilmember Grendahl nominated Barry Berg, John Bergman, Jack Davis, and Tom Melander. There being no further nominations, the Mayor declared the nominations closed. CITY OF APPLE VALLEY Dakota County, Minnesota June 11, 1998 Page 8 The City Clerk distributed paper to the Mayor and Council who were asked to each select three names from the four nominees. After the selections were made, they were tallied and the City Administrator announced that three names remained. The City Clerk prepared a written roster listing the remaining three nominees and distributed copies to the Council. The Mayor and Councilmembers were asked to select two names. After the selections were made, they were tallied and the City Administrator announced that two names remained. The City Clerk prepared a written roster listing the remaining two nominees and distributed copies to the Council. The Mayor and Councilmembers were asked to select one name. After the selections were made, they were tallied and the City Administrator announced that the name remaining was Tom Melander. Resolution No. 1998-118 MOTION: of Sterling, seconded by Erickson, adopting appointing Thomas O. Melander to the Planning Commission for a term expiring March 1, 2000. Roll call vote was taken: Humphrey - Aye; Sterling - Aye; Grendahl - Aye; Goodwin - Aye; Erickson - Aye (Ayes - 5 - Nays - 0). PLAYGROUND EQUIPMENT CHANGE ORDER Mr. Johnson reviewed his memo, dated June 10, 1998, requesting a change order to a contract for playground equipment installation to add the work of removing the old equipment and preparing the sites at eight parks. The demolition work was going to be done by City employees, but they have been involved in cleanup from the May 30th storm and will not be able to complete the preparatory work. MOTION: of Goodwin, seconded by Erickson, approving Change Order No. 1 to the contract with Little Tikes Commercial Play Systems, Inc./Flanagan Sales, Inc., for playground equipment design and installation, in the amount of an additional $50,000.00. Ayes - 5 - Nays - 0. COMPREHENSIVE PLAN CONSULTANT Mr. Kelley reviewed his memo, dated June 11, 1998, concerning a consultant for update of the Comprehensive Plan Land Use Chapter. He commented on the interview process and noted that minor changes in other portions of the Plan will be done by City Staff. MOTION: of Goodwin, seconded by Grend ahl, approving contracting with Short Elliot Hendrickson, Inc., for consultant services in updating the Land Use Chapter of the Comprehensive Plan, subject to contract language satisfactory to the City Attorney’s Office, as recommended in the Community Development Director’s CITY OF APPLE VALLEY Dakota County, Minnesota June 11, 1998 Page 9 memo dated June 11, 1998, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. OUTDOOR SIREN WARNING SYSTEM Police Chief Willow gave a verbal report on procedure for operation of the City’s outdoor siren warning system. He said there seems to continue to be confusion by the public over the purpose of the warning. The intent is not for the sirens to be heard indoors, but does mean that people should take cover and turn on radios or televisions for information. The City does not make the decision as to when sirens are sounded, the Weather Bureau make the decision. He noted that Police Captain Cook has prepared a press release, in response to some recent concerns, which is being distributed to news media. COMMUNICATIONS & CALENDAR The Council received a memo dated June 8, 1998, with a calendar listing upcoming events. Councilmember Erickson asked Staff to prepare information, which could be discussed at a future work session, clarifying the number of votes required by the Council on a motion to approve interim use permits. CLAIMS AND BILLS MOTION: of Goodwin, seconded by Grendahl, to pay the claims and bills, check registers dated June 3, 1998, in the amount of $12,526,586.76; and June 11, 1998, in the amount of $1,274,486.70. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 12:15 o’clock a.m.